Source: Office of United States Attorneys
SAN DIEGO – Ruben Montes of Calexico, California, pleaded guilty in federal court today to conspiring to smuggle and distribute more than $3 million worth of Mexican pesticides and veterinary drugs that are not approved for use in the United States.
In pleading guilty, the defendant acknowledged that since at least November 2020, he coordinated the smuggling of pesticides and veterinary drugs from Mexico into the United States. Montes also admitted to smuggling the chemicals and drugs into the United States from Mexico himself and distributing them within the United States. The primary pesticides involved were Taktic and Bovitraz, which are not registered with the U.S. Environmental Protection Agency for use in the United States. The smuggled veterinary drugs included Tylocet, Terramicina, Tetragent Ares and Catarrol, which are not approved by the U.S. Food and Drug Administration for use in the United States.
Montes admitted that he and others hid the pesticides and veterinary drugs in storage units in Calexico and retrieved them for distribution throughout the United States.
According to experts at the U.S. Environmental Protection Agency, the active ingredient in the pesticides Taktic and Bovitraz is amitraz, which is toxic to bees, if it is released into hives, and humans when it ultimately ends up in honey, honeycomb, and beeswax. Misuse of amitraz-containing products in beehives can result in exposures that could cause neurological effects and possibly reproductive effects in humans from the consumption of contaminated honey. Signs of neurotoxicity from exposure to amitraz has been documented in multiple animal species, and include central nervous system depression, decrease in pulse rate, and hypothermia.
“These substances not only threaten the health and safety of our communities but also undermine the integrity of U.S. regulatory safeguards designed to protect consumers and the environment,” said U.S. Attorney Tara McGrath. “Our office is committed to holding accountable those who prioritize profit over public safety.”
“The defendant’s conduct put consumer’s health and the honeybee industry at risk,” said Benjamin Carr, Special Agent in Charge of the EPA’s criminal enforcement program in California. “The pesticides he distributed were smuggled into the United States from Mexico. The illegal use of amitraz puts adulterated honey in the marketplace and contributes to pest resistance threatening honeybee colonies vital for our food production. The defendant in this case made millions of dollars in ill-gotten gains through the illegal sale of this unregistered pesticide.”
“Today’s guilty plea is the result of a long-term Homeland Security Investigations (HSI) investigation, worked in coordination with the Environmental Protection Agency (EPA), into an organization that conspired to smuggle Mexican pesticides into the U.S.,” said Shawn Gibson, Special Agent in Charge of HSI in San Diego. “We will continue to work with our law enforcement partners to investigate and bring to justice criminals who introduce substances that threaten the safety of our communities.”
“The FDA regulates animal drugs as part of its mission to protect the public health, which includes ensuring that prescription animal drugs are lawfully obtained, distributed, and dispensed pursuant to a valid prescription from a licensed veterinarian,” said Special Agent in Charge Charles Grinstead, FDA Office of Criminal Investigations, Kansas City Field Office. “We will continue to pursue and bring to justice those who attempt to evade the law.”
The defendant is scheduled to be sentenced by U.S. District Judge John A. Houston on April 2, 2025, at 10:00 a.m.
This case is being prosecuted by Assistant U.S. Attorney Elizabet Brown from the U.S. Attorney’s Office for the Southern District of California and Senior Trial Attorney Stephen Da Ponte from the Environmental Crimes Section, Environment and Natural Resources Division of the U.S. Department of Justice.
DEFENDANT Case Number 23CR2377
Ruben Montes Age: 60 Calexico, CA
SUMMARY OF CHARGES
Conspiracy – Title 18, U.S.C. Section 371
Maximum Penalty: Five years in prison and $250,000 fine
INVESTIGATING AGENCIES
Homeland Security Investigations
U.S. Environmental Protection Agency, Criminal Investigations Division
U.S. Food and Drug Administration, Office of Criminal Investigations
California Department of Toxic Substances Control